‘Victims cannot be forced to proceed with complaints’: High Court on Hema Committee report

KOCHI: The High Court has emphasized that survivors who gave statements before the Hema Committee cannot be compelled to pursue their cases. The decision to proceed with legal action rests solely with the victims and their cooperation is essential to hold perpetrators accountable and prevent future incidents. The court, led by a division bench comprising Justice A K Jayasankaran Nambiar and Justice C S Sudha, stated that investigations would stall if complainants are unwilling to participate.

In a sealed report submitted by the Special Investigation Team (SIT), it was revealed that although the complainants stand by their original statements, they are not keen on continuing with the case. The court's remarks came after petitioners' lawyers argued that the SIT's stance was flawed, highlighting that police can initiate investigations upon receiving information about a crime.

Advocate General K. Gopalakrishna Kurup supported the SIT's position, stating that if the victims show no interest, the investigation cannot proceed. However, the court underscored that investigating authorities are obligated to pursue a case if they have credible information.

During the hearing, counsel for the Kerala Women's Commission raised allegations that a media channel had leaked victims' statements to the SIT. The court responded firmly, noting that leaking such sensitive information would be taken seriously. The matter will be taken up again on October 14.

Advocate T. Asaf Ali, representing the petitioners, argued that the police are required to register an FIR and conduct an investigation upon receiving details of a crime. In response, the court confirmed that an FIR had been filed but acknowledged the SIT's report, which highlighted practical difficulties in moving forward with the investigation.

The court also sought further information from SIT members S. Ajita Begum and G. Poonguzhali regarding the situation.

Special policy under consideration

The Kerala government informed the court that it is exploring the possibility of implementing a special policy to safeguard the rights of women in the film industry. The court has directed the government to review the proposals and report on potential measures.